Friday, June 8, 2012

Concerning the Police Power, Again

This is for those who think that legislatures can be (and have been) trusted with supreme, absolute legislative power (with a few limited exceptions set forth in their constitutions, and with deference being given to the legislature on the issue of constitutionality, for no reason which originates from the text or history of those constitutions); it is an old Indiana law, which, fortunately, is no longer on the books, regardless of what those "stupid laws" websites might claim: "Sec. 70. That if any person, shall vend or cause to be vended, any playing cards, or any obscene book, pamphlet or print, he shall on conviction thereof, be fined in any sum not less than one, nor more than three dollars for every such pack of cards, book, pamphlet, or print vended."

Yes, an American state legislature, duly elected by the people, understood its "police power" to extend to the prohibition even of decks of cards.

These days, we are past all of that, however. We just prohibit the sale of alcohol on Christmas and on Sundays (except for at the Indy 500).

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